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MANOJ KUMAR TIWARI
Manjira Devi Sikshan Evam Prashikshan Sansthan – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
Petitioners are self financed colleges, which are affiliated to Hemwati Nandan Bahuguna University, Srinagar. The petitioner colleges are imparting instructions in Bachelor of Education Course, which is duly recognized by National Council for Teacher Education under Section 14 of National Council for Teacher Education Act, 1993.
2. According to petitioners, in terms of instructions issued by University Grants Commission (UGC), the affiliating University, which is a Central University, took a decision in 2022 that admission to different courses, including B.Ed. Course, will be given based on score of a candidate in Central University Entrance Test (CUET), conducted by National Testing Agency.
3. It is further stated that due to the problem faced in Hill States, UGC relaxed the condition of admission through CUET in respect of Central Universities situate in hill districts, including HNB Garhwal University, and accordingly, a circular was issued on 19.05.2022 by the UGC permitting the Central Universities in hill States to take admission as per the past practice, instead of CUET for the year 2022-23.
4. According to petitioners, that due to insistence of
UGC directives are binding on universities, and non-compliance can lead to arbitrary denial of admissions.
The UGC's Standard Operating Procedure for admissions is binding on universities, allowing for admissions based on qualifying examination marks in specific circumstances.
The UGC's SOP allows universities to admit students based on qualifying marks, overriding strict adherence to entrance exam scores in specific circumstances.
The Court emphasizes the mandatory nature of CUET for admissions in Undergraduate Programs at Central Universities, pending further clarification.
The court can intervene in educational matters to protect students' academic interests, allowing exceptions to procedural violations in admissions.
Under writ jurisdiction, courts may direct universities to reconsider one-time exemption for examinations of students irregularly admitted by affiliated college, prioritizing their academic interests....
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